Stern's lawyer told an appeals court Tuesday that her estranged mother was trying to "place her in death where she never wanted to be in life" - Texas, reports AP.

Arthur on Friday filed an emergency motion to block Smith's remains from being removed from the Broward County medical examiner's office, where they have been kept since her Feb. 8 death, pending her appeal of Seidlin's ruling.

The Florida's Fourth Circuit Court of Appeal in West Palm Beach, Fla., also received papers from the guardian for Anna Nicole Smith's baby Richard Milstein and attorneys for Howard K. Stern. The court will hold hearings on Wednesday and eventually it's quite obvious they will decide in favor of Stern-Milstein-Birkhead in this matter and against Arthur.

Stern, Arthur and Larry Birkhead, one of Smith's former lovers, who also appears to be the most likely father of her daughter, also are involved in a custody hearing in the Bahamas. "I think he's doing what he thinks is best and I'm doing what I think is best," Birkhead said of Stern's actions, according to UPI.

Of his custody suit, Birkhead said, "What kind of dad would I be if I didn't fight for my daughter?"

Arthur's actions are just a delay, with virtually no chances of winning. Judge Larry Seidlin already pointed out Dannielynn is, under Florida law, the next of kin.

However, Arthur's lawyer, Roberta G. Mandel, said her client was willing to take the fight to the state Supreme Court.

"This mother is a mother who deserves the right to bury her child," Mandel said.

In an earlier court filing, Milstein noted that "every witness including (her mother Virgie) Arthur testified that Anna Nicole Smith expressed an interest in being buried in either California or the Bahamas."